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Prison News and News Articles ForCorrection Officers in New York State:

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NIFORMED SUPERVISORS MEETING

rgeant Test

couple of questions for Council 82:

ew Evidence: Hogtie Restraint DOESN'T Kill

nority

ace Officer Powers

ontract: Talk

ontract: 1999

Poem dedicated to Correction Officerssgruntled Dissidents

aylor Law

ICTORY AT WYOMING

he CRIMINAL'S Justice System

iage misses target 900 times / we all lose

nions Your Rights and Federal Code

ataki's Revised Proposal for Fixed Term

EVISED PENAL PLAN

enna's Law' To Rewrite Parolealary Upgrade

RIPS Management controls them, we pay for it!!!!!!!!

yperlink to knowledge

FSCME UNION DUES REFUND

etting Rid of AFSCME

ew York State Correction Officer & Police Benevolent Association

nding Arbitration

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Uniformed Supervisor Meeting

Security and Law Enforcement Employees Council 82AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL

EMPLOYEES AFL-CIO

UNIFORMED SUPERVISORS LOCAL 1871

26/98 MEETING BETWEEN COUNCIL 82 EXECUTIVE TEAM AND LOCAL 1871

eeting called to order @ 1:25 pm by C-82 President R, Abrahamson. In Attendance representing Loc71 were T. O'Leary-President, J. Gough-Vice- President, R, Dragoon-Treasurer, M,Cooper-Secretary

xecutive Board-Steve Wyley, Rick Cox & Charles Coventry, Trustees-J. Bukovinsky, Wm Langdon &am Irwin. Council 82 representatives R.Abrahamson-President, Mike Graney-Vice- President, Mikeuprenant-Treasurer, John Butler-Policy Chair, Patty Rybak- Vice-Policy Chair, Ron Hoyt-Lawnforcement Policy, John Reidy-Law Enforcement Vice-Policy and Robert Hite-C-82 Attorney.

he following is a brief synopsis of topics and issues disscussed (to the best of my recollection):

Tim O'Leary thanked the C-82 Executive Team for allowing us to meet and hopefully settle some issmplaints and grievances prevalent to the membership of local 1871.

Copies of proposed Article 10 distributed to C-82 Executive Team and Attorney R. Hite.

It was noted for the record that the Temporary Hiring/Promotion Lawsuit was actually filed 7/3/97 b82 legal staff.

Tim O'Leary then read a prepared "Statement of Facts" (see attached-also distributed to C-82 Execut

eam) regarding meetings held with DOCS and C-82 on 1/28/98, 1/29/98, 1/30/98, 2/2/98 and 2/3/98.

Upon O'Leary concluding his reading, he requested M. Cooper read three motions from 2/9/98 1871eeting held at Sing Sing (copy of motions distributed to C-82 Executive Team).

O'Leary then further explained to C-82 E/T that the Executive Board of 1871 were here (C-82 officee mandate of our membership who feels that we are not being fairly or equitably represented or respe C-82.

R, Hite then gave a very lengthy but extensively clear factual overview of what the legal council hasne and is continuing to do regarding 1871 legal issues and concerns, particularly the "temp promotio

e identified the consistent problems, research, litigation, meetings held with DOCS and Civil Servicemmencing from 1996 at the request of O'Leary and member Of 1871. R. Hite also presented 1871 thgal papers and documents at that time. It should be clearly understood that there is absolutely nossiblity of the 87.5 Sergeants currently serving in temporary position being made PERMANENT. Itould also be noted until the temporary hiring/promotin lawsuit is litigated, any promotions made off w list will also be temporary promotions.

As a result of statements then made by Abrahmason, Graney and Hite it was realized that the mainoblem was communication between 1871 and C-82 and allowing DOCS to manipulate us at every

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portunity, thereby not focusing on the real problems. So, what else is new?? The real question now ishere do we go from here?? 1871 wants respect and full committed representation from C-82 and C-82ould like not to be slandered without verification of facts. They have asked to be invited to any 1871eeting and explain their position with our members as they did with us. At this time everyone presente room give various comments, feedback, statements, ideas and opinions, which became the forum foLEARING THE AIR/STARTING A CLEAN HOUSE.

The bottom line on the meetings that took place from 1/28/98 thru 2/3/98 was that there was never a

m committment from DOCS regarding the DOUBLE ENCUMBERING THE MANCON POSITIONshould be further noted that there is a HIRING FREEZE ON THE NEW SERGEANTS LIST BY DOt C-82, not 1871, not Civil Service, but by theNEW YORK STATE DEPARTMENT OF

ORRETIONAL SERVICES.

. Upon sending meeting notices Out for the next 1871 meeting scheduled for 4/2/98 at Greateadow/Washington QWL, an invitation will be extended to the C-82 Executive Team and Legal staff71 members who were at the 2/9/98 meeting held at Sing Sing.

. C-82 also will be checking on the discrepancies in allowing temporary lieutenants to take a promotam, while temporary sergeants cannot. Why?????

eeting ended at approximately 5:00 pm.

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Sergeant Test

he law is clear in that the duration of an eligible list shall be fixed at not less than one year nor more tur years; in the event that a restriction against the filling of vacancies exits in any jurisdictions, the Stvil Service Department or Municipal Commission having jurisdiction shall, in the discretion of the

partment or commission, extend the duration of eligible list for a period equal to the length of suchstriction against the filling of vacancies. RESTRICTIONS AGAINST THE FILLING OF VACANCIHALL MEAN ANY POLICY, WHETHER BY EXECUTIVE ORDER OR OTHERWISE, WHICHECAUSE OF A FINANCIAL EMERGENCY, PREVENTS THE FILLING OF VACANCIES IN TITOR WHICH A LIST HAS BEEN PROMULGATED. THIS IS CIVIL SERVICE LAW SECTION 56

t no extended period of time over the last eight years has the State of New York had a FINANCIALMERGENCY which has disrupted the hiring from the old promotional Sergeant test list. All litigationlevant to extending Civil Service tests time lines have favored maintaining the integrity of four yearsss.

must be noted that when the Department of Correctional Services made the decision to extend theuration of the eligibility of this list there was and air of blatant disregard or callous interpretation towaws and management agreements (lagging our pay , increment case etc.).

he States violation of our Civil Service rights have been financially detrimental by 4.5 years to anyorrection Officer who will be hired under this new promotional exam by delaying them establishing tghtful place on the seniority list , increment system , longevity payments and transfer list of their choihe law suit will request restitution for all who are aggrieved by the State or Department violating our rvice rights.

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[email protected]

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A couple of questions for Council 82:

this past October statewide e-board minutes I read that Council 82 hired an individual (I can't remem

s name, maybe someone can help me with it) who used to work for AFSCME Council 37 in New Yoty (Council 37 has about 120,000 members). He was a former Council 37 Official. I believe he was hr our legislative dept. This individual ran against Governor Pataki just a couple of years ago when heSenator. This seemed like a good idea providing he didn't trash Pataki too badly. If he did, do you thiataki would forgive and forget? Maybe, then maybe not. If not, will we pay the price?

seemed like it would be a good idea to get some political veteran in there, but why hire more AFSCMople. They never cared about us before, so why now? Could it be our millon dollar PAC money? CouFSCME be planting this individual to pursue their own hidden agenda with our money? Maybe or mat.

ell, either way it seems like it could be a good start for Council 82, EXCEPT for one thing ...............

his past November and December I read in the NY Post that Council 37 is currently under investigatio the NYC District attorneys office and the FBI for the exact same thing Puma, Kennedy, and Germand, (Misappropriation of union funds, embezzelment, theft etc.).

o why did Council 82 hire from Council 37 KNOWING they had problems. Now, Council 82 can sayey knew nothing, but AFSCME knew because Council 37 is another part of AFSCME. Maybe AFSCt C-82 to hire him I don't know. So which is it? Did Council 82 know when they hired him or not?

o add a little icing, the NY Post also listed last years' salaries of the top 3 elected officials in Council

ey are: President $264,000.00, Vice President $222,000.00, and the outgoing Treasurer who retired laar made a whopping $404,000.00. (Yes, that is correct Four hundred and four thousand dollars). I cay I know of any union official worth that much. Imagine what Gerald McEntee makes.

y last question is: If this guy is retired from Council 37, is he collecting a union pension? If so, andouncil 82 hires him and begins to pay him a salary, isn't that double dipping? It may not be illegal, bun't it a little unethical.

ave St.Louis

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New Evidence: Hogtie Restraint DOESN'T Kill

an Diego- Due to the perception that hogtie restraint has resulted in fatalities, countless wrongful-deawsuits have been filed nationally. However a recent report in the San Diego Tribune indicated that nendings dispute this perception and have led to the dismissal of a wrongful-death suit here.

a recent study, Dr Thomas Nueman, professor of medicine at the UCSD Medical Center, found thatough hogtying may interfere with normal breathing, it does not lead to positional asphyxia.

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r Ronald T Reay, the chief medical examiner for King County, Washington, had originally maintaineat the restraint method caused positional asphyxia. He recently retracted his position on the stand in lthe new information.

The UCSD study is a development that turns on its head the entire issue of restraining violent subjectsreg Meyer of the LAPD told Police Magazine.

eyer, also a police tatcics expert and member of the Police Magazine Advisory Board added: "These

cidents happen everyday and every night on the streets, in the jails, and in the psychiatric lockup faciound the world. In those rare cases where fatalities have occurred to persons subjected to maximumstraint, millions of taxpayer dollars have been paid out in court verdicts and settlements based on whaw appears to be erroneous medical information."

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Senority

et me start this letter about C82, are big union. Back in 1990 I was in the Army and we all know we wnt to duty in Desert Storm. Well I couldn't go at the time because the federal government called us tob. At that time NYS Civil Service Department gave me a letter saying when my ranking number waslled and I couldn't go, I would be place on a special military list and my seniority date would be the dbecame available which is 6/23/93. Well guess what my number did come up and civil service kept tomise and gave me the date and said after I was permanently appointed which my probationary ende98 that I will be awarded the 6/23/93.

ell the C82 and the D.O.C.S. says its only good for lay off and it wouldn't be good for job biddingcause it wouldn't be fair to other officers. Well this is bullshit, because it wasn't fair for me not beingere when duty calls and besides you tell me it's fair when there is a lay off and the guy before me who

d on jobs and has seniority over me goes before me.

s true I do believe the C82 is sleeping with the state and it's about time I wake them up because I amking this to my Congressman and all the way to capitol hill to the federal government. I think C82 males as they go to favor the union and not the officers. Any replies to this matter please feel free to entur comments. It's time to get rid of C82 and get a new union or be abuse for the rest of our retiremen

ave, Mid-State

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Peace Officers Power

10 Persons designated as peace officers

ubparagraph 25) Officials, as designated by the commisioner of the Department of Correctional Serviursuant to rules fo the department, and Correction Officers of any state correctional facility or of anynal correctional institution.

nce there is nothing in this section stating : nothing in this subdivision shall be deemed to authorize s

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ficer to carry, possess, repair or dispose of a firearm unless the apropriate liscense therfor has been isursuant to section 400.00 of the penal law. This little note means that if it were present in who is defin

a peace officer that you must have a pistol liscense to possess or purchase a firearm. Since this is notted in section 2.10 subparagraph 25 our badge constitutes our liscense. We are allowed by law to carf duty firearms without a pistol liscense or permit.

20 Powers of peace officers

The person designated in section 2.10 of thes artice shall have the following powers:

) The power to make warrentless arrests pursuant to section 140.25 of this chapter.

The power to use physical force and deadly physical force in making an arrest or preventing an escaursuant to section 35.30 of the penal law.

The power to carry out warrentless searches whenever such searches are constitutionally permissibld acting pursuant to thier special duties.

) The power to issue appearance tickets pursuant to subdivision three fo section 150.20 of this chaptehen acting pursuant to thier special duties. New York City special patrolman shall have the power to

appearance ticket only when it is pursuant to rules and regulations of the police cimmisioner.

The power to issue uniform appearance tickets pursuant to article twenty-seven of the parks, recreatd historic preservation law and to issue simplified traffic informations pursuant to section 100.25 of tapter and section two hundred seven of the vehicle and traffic law whenever acting pursuant their spe

uties.

The power to issue a uniform navigation summons and/or complaint pursuant to section nineteen of vigational conversation law, whenever acting pursuant to thier special duties.

) The power to issue uniform appearance tickets pursuant to article seventy - one of the environmenta

nservation law, whenever acting pursuant their special duties

) The power to possess and take custody of firearms not owned by the peace officer for the purpose osposing, guarding, or any other lawful purpose, consistant with his duties as a peace officer.

Any other power which a particular peace officer is otherwise authorized to exercise by any general,ecial or local character whenever acting pursuant to his special duties, provided such power is notconsistant with the provisions of the penal law or this chapter.

For the purposes of this section a pleace officer acts pursuant to his special duties when he performs uties of his office, pursuant to the specialized nature of his particular employment, whereby he is requ

authorized to enforce any general, special or local law or charter, rule, regulation, judgement or orde

A peace officer, whether or not acting pursuant to his special duties, who lawfully excercises any of wers conferred upon him pursuant to this section, shall be deemed to be acting within the scope of hi

ublic employement for purposes of defense and indemnification rights and benifits that he may otherwtitled to under the provisions of section fifty-k of the general municipal law, section seventeen orghteen of the public officers law, or any other applicable section of law.

nal Law

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tle P - Offenses against public safteyrticle 265 Firearms and other dangerous weapons

ction 265.20 Excemptions a.Sections 265.01,5.02,265.03,265.04,265.05,265.10,265.11,265.12,265.13,265.15, 270.05. shall not apply to:

Possession of any any of the weapons, instruments, appliances or substances specified in sections5.01, 265.02,265.03,265.04,265.05,270.05 by the following:

) Persons in the military service of the state of New York when duly authorized by regulations issuede adjuant general to possess the same.

Police officers as defined in subdivision thirty-four of section 1.20 of the criminal proceedure law.

Peace officers as defined by section 2.10 of the criminal procedure law

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Contract: Talk

verything in the next contract should be RETROACTIVE!!!.............BACK TO APRIL THE FIRST99........

.6--Longevity Payments shall be given for every year over 20 at a percentage which should equal at 00 per year. The troopers have longevity payments on a yearly basis and add up to a bigger amount dcompound interest. If we have to take zero's then lets get something in return.

.4--Raise OT meal allowance currently $3.50. This has not been changed for the past 16+ years that now of and we used to get the full amount in a separate check, now they add it in your regular check ax it besides. So when you take 1/3 for taxes we have lost $1.67, so we need atleast a $5.50 meal

owance to get back to where we were a few years back. Your taxed on the meal you buy and then aghen you receive your meal allowance.

.2--Raise Uniform allowance currently $550

ay Grade raise--Civil Service

year contract instead of a 4 year, thereafter 4 year. Thus resulting in our contracts coming due in anection year and we would not have to compete with the other unions.

.2--Run PLs the same as Holidays (16.1) either Pay or Time off, at the officers choice. This would al

r higher earnings and raise your final average salary without having to work as many hours of overtimpecially since many officers do not work overtime.

etter percentages for raises in the last 8 years (2 contracts) we have averaged 2% per year. Where the inflation has been an average of 3.425% over the same 8 year period. A loss of 11.4% not counting t

gher medical payments.

evamp grievence process, step 2 is useless.

aintain Co-pays on doctors visits and perscriptions. Better Dental to cover the second step for childre

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aces.

.1--(e) change date to Jan1st which is currently Oct1st. Many individuals save their time to utilize inll for various reasons and they loose any hours over 320 on Oct 1st. By changing this to Jan. 1st it wominate this problem.

.4--Sick Leave; current maximum is 1320 hours. New maximum should be unlimited and raise themount of hours to offset medical insurance costs at retirement. Medical insurance is costing more andore evey year. If you multiply 1320 by your hourly salary this gives you the cash value. Our raises ha

t been even close to that of inflation and medical costs ahve been bypassing the cost of inflation by tsily. So whats happening is we are losing some major buying power, our money is worth less. If we cise the hours to compensate for loss in money it would offset the cash value.

.1--OT 1/4 hour for pre-shift briefing on RDOs. Many jails now have this in place but it should be don the statewide level for every facility.

we must take a ZERO in this upcoming contract then get better benefits at the end of our careers suchCOLA in the form of a BENEFIT ADJUSTMENT and/or a Better retirement package......... I know itgislative issue. But the same guy has to sign it over to LAW!!

ker

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Contract: 1999

o Hiker,l that sounds great and those issues should be addressed ,but please leave out the issue of excepting a

ERO. This thought should not even be in the minds of anyone negotiating our contract.

ERO=WEAK=C82

*******

ere is what I believe will happen;

e are getting a 3% raise the end of September, this was done with our next contract in mind. Besides ise C82 says they are trying to get a now 3 pay grade raise. Well even if we get a 1 pay grade raise, I t for a minute believe the state will give us anything the first year of the contract.

ven if we take a ZERO ( I know nobody wants too) We can still gain in BENEFITS!!! Say we want o

tirement package fixed, we go to the table and tell them want we are looking for and explain that thisOT cost you a dime while you are in office. We hold out on our contract until Legislation is in place ated on in our favor. If not we push harder and utilize our PAC money to help our cause for the next y

ut it will help your employees in the long run. Please do not continue to look at arms length. Look at hole picture someday you will reap these benefits and will appreciate what was done when you look bthe past. There are benefits to holding out as well. Your union dues remain the same along with youredical, co-pays and you keep all of your benefits until a new contract is signed. If we are offered a ZEthe first year it will actually save you money because your benefit package remains frozen until a nentract is signed. We must be PATIENT!!!!!

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have also heard a rumor that we will have a 5 year contract, now why would this be?

A longer term between challenges

Less times to negotiate a contract, thereby making C82's job a bit easier

Say we get a 18-20% increase it sure sounds good, but remember it would be over 5 years. Anotherlitical sceme

Cuomo still around here? It sounds like something he would do..........

ker

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A Poem dedicated to Correction Officers

his poem is dedicated to the forgotten ones, the correctional officers. I wouke to commend these courageous men and women for doing a helluva job

maintaining safety and security in the jails and prisons/ as correctionalfficers, we know how difficult a task it is to perform our daily duties; Now ould like to let everyone else know.

ust as the men and women in blue attend roll call before their tour of duty

dowe, but instead of being armed with pistols, we are armed with whistle

Just as the men and women in blue, we too do not know if we will greet oulovedones at the end of the day.

It takes a correctional officer to deal with society's undesirables, theovercrowdingof prisons, the thanklessness of the public and to efficiently

carry out the duties of a jobthat so many criticize and so little want.

During our tour of duty not only are we correctional officers we are alsopoliceofficers, firepersons, suicide watch, coroners, nurses, counselors,

computer operators,mailpersons, newspaper delivery persons, the unitedparcel service, and more......

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And with all of this in mind at the beginning of our tour...

We will stand tall beneath our hats.

With pride we wear our shields.

And with unity, integrity, and professionalism,

Like soldiers we march side by side into our unpredictable institutions bo

Bonafide and qualified to handle any situation that may erupt.

So please, do not call us "prison guards"

Acknowledge us as professionals

And address us as correctional officers.

atanya Longorrectional Officerhiladelphia Prison System

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Disgruntled Dissidents

n February 20, 1998, Richard S. Abrahamson, President of Council 82 signed a memorandum to "Allouncil 82 Executive Board Members". The subject of this memo is an apparent Decertification Effortose of you who do not know what decertification refers to, this means we would become an independrgaining agent and would not be obligated to AFSCME).

Rich's memo, he refers to the individuals who support Decertification as "disgruntled dissidents".

chard states, "They are unorganized and lack any real credibility. We are concerned with this attemping brought out at the same time we are attempting to secure upgrades for our various titles within ou

nion, as well as working on upcoming negotiations for the state unit contracts. Any effort such as thisriously jeopardize these issues, as well as the rest of our legislative initiatives and service to ourembers".

must agree with Rich, that the timing MAY NOT be fortunate, however, I think we should not bentimidated" by what we "might" jeopardize. I think we must carefully consider the past, present andture. There is always risk when considering the future.

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o those who think the term "disgruntled dissidents", is derogatory, please consider the following name

braham Clark, John Hart, Francis Hopkins, John Witherspoon, Richard Stockton, Arthur Middleton,homas Lynch, Jr., Thomas Heyward, Jr., Edward Rutledge, John Penn, Jospeh Hewes, William Hopphomas McKean, George Read, Ceasar Rodney, George Ross, James Wilson, George Taylor,James Smeorge Clymer, John Morton, Benjamin Franklin, Benjamin Rush, Lewis Morris, Francis Lewis, Philipvingston, William Floyd, Carter Braxton, Francis Lightfoot Lee, George Wythe, Charles Carroll, Thoone, William Paca, Samuel Chase, George Walton, Lyman Hall, Burton Gwinnett, Oliver Wolcott,

illiam Williams, Samuel Huntington, Roger Sherman, William Ellery, Stephen, Hopkins, Elbridge Gobert Treat Paine, John Adams, Samual Adams, Matthew Thornton, William Whipple, Josiah Bartletharles Thomson, John Hancock.

hese men risked their very lives for the future. So, if you are a disgruntled dissident, and this "apparenecertification Effort" does get off the ground, remember - you're in good company.

ane Davis

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Taylor Law210. Prohibition of strikes. 1. No public employee or employee organization shall engage in a strike, public employee or employ- ee organization shall cause, instigate, encourage, or condone a strike.

Violations and penalties; presumption; prohibition against consent to strike; determination; notice;obation; payroll deductions; objections; and restoration. (a) Violations and penalties. A public emploall violate this subdivision by engaging in a strike or violating paragraph (c) of this subdivision and sliable as provided in this subdivision pursuant to the procedures contained here- in. In addition, any

ublic employee who violates subdivision one of this section may be subject to removal or other

sciplinary action provided by law for misconduct. (

Presumption. For purposes of this subdivision an employee who is absent from work without permiswho abstains wholly or in part from the full performance of his duties in his normal manner withoutrmission, on the date or dates when a strike occurs, shall be presumed to have engaged in such strikech date or dates.

) Prohibition against consent to strike. No person exercising on behalf of any public employer anythority, supervision or direction over any public employee shall have the power to authorize, approvendone or consent to a strike, or the engaging in a strike, by one or more public employees, and such

rson shall not authorize, approve, condone or consent to such strike or engagement.

) Determination. In the event that it appears that a violation of this subdivision may have occurred, thief executive officer of the government involved shall, on the basis of such investigation and affi- dahe may deem appropriate, determine whether or not such violation has occurred and the date or datech violation. If the chief executive officer determines that such violation has occurred, he shall furthetermine, on the basis of such further investigation and affidavits as he may deem appropriate, the namemployees who committed such violation and the date or dates thereof. Such determi- nation shall nemed to be final until the completion of the procedures provided for in this subdivision.

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) Notice. The chief executive officer shall forthwith notify each employee that he has been found to hmmitted such violation, the date or dates thereof and of his right to object to such determination pursparagraph (g) of this subdivision; he shall also notify the chief fiscal officer of the names of all such

mployees and of the total number of days, or part thereof, on which it has been determined that sucholation occurred. Notice to each employee shall be by personal service or by certified mail to his lastdress filed by him with his employer.

Payroll deductions. Not earlier than thirty nor later than ninety days following the date of such

termination, the chief fiscal officer of the government involved shall deduct from the compensation och such public employee an amount equal to twice his daily rate of pay for each day or part thereof thas determined that he had violated this subdivision; such rate of pay to be computed as of the time of olation. In computing such deduction, credit shall be allowed for amounts already withheld from such

mployee's compensation on account of his absence from work or other withholding of services on sucy or days. In computing the aforesaid thirty to ninety day period of time following the determinationolation pursuant to subdivision (d) of paragraph two of this section and where the employee's annualmpen- sation is paid over a period of time which is less than fifty-two weeks, that period of time betwe last day of the last payroll period of the employment term in which the violation occurred and the fiy of the first payroll period of the next succeeding employment term shall be disregarded and not

unted.

) Objections and restoration. Any employee determined to have violated this subdivision may object ch determination by filing with the chief executive officer, (within twenty days of the date on whichtice was served or mailed to him pursuant to paragraph (e) of this subdivision) his sworn affidavit,pported by available documenta- ry proof, containing a short and plain statement of the facts upon wrelies to show that such determination was incorrect. Such affidavit shall be subject to the penalties rjury. If the chief executive officer shall determine that the affidavit and supporting proof estab- lisheat the employee did not violate this subdivision, he shall sustain the objection. If the chief executiveficer shall determine that the affidavit and supporting proof fails to establish that the employee did no

olate this subdivision, he shall dismiss the objection and so notify the employee. If the chief executivficer shall determine that the affidavit and supporting proof raises a ques- tion of fact which, if resolvfavor of the employee, would estab- lish that the employee did not violate this subdivision, he shallpoint a hearing officer to determine whether in fact the employee did violate this subdivision after aaring at which such employee shall bear the burden of proof. If the hearing officer shall determine the employee failed to establish that he did not violate this subdivi- sion, the chief executive officer shatify the employee. If the chief executive officer sustains an objection or the hearing officer determine

preponderance of the evidence that such employee did not violate this subdivision, the chief executivficer shall forthwith notify the chief fiscal officer who shall thereupon cease all further deductions anfund any deductions previously made pursuant to this subdivision. The determinations provided in th

ragraph shall be reviewable pursuant to article seventy-eight of the civil practice law and rules.

(a) An employee organization which is determined by the board to have violated the provisions ofbdivision one of this section shall, in accordance with the provisions of this section, lose the rightsanted pursuant to the provisions of paragraph (b) of subdivision one of section two hundred eight of tapter.

) In the event that it appears that a violation of subdivision one of this section may have occurred, it sthe duty of the chief executive officer of the public employer involved (i) forthwith to so notify theard and the chief legal officer of the government involved, and (ii) to provide the board and such chi

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gal officer with such facilities, assistance and data as will enable the board and such chief legal officerry out their duties under this section.

) In the event that it appears that a violation of subdivision one of this section may have occurred, theief legal officer of the government involved, or the board on its own motion, shall forthwith instituteoceedings before the board to determine whether such employ- ee organization has violated theovisions of subdivision one of this section.

) Proceedings against an employee organization under this section shall be commenced by service up

a written notice, together with a copy of the charges. A copy of such notice and charges shall also berved, for their information, upon the appropriate government officials who recognize such employeeganization and grant to it the rights accompanying such recognition. The employee organization shalve eight days within which to serve its written answer to such charges. The board's hearing shall be homptly thereafter and at such hearing, the parties shall be permitted to be represented by counsel andmmon witnesses in their behalf. Compliance with the technical rules of evidence shall not be require

) In determining whether an employee organization has violated subdivision one of this section, the ball consider (i) whether the employee organization called the strike or tried to prevent it, and (ii) whee employee organization made or was making good faith efforts to terminate the strike.

(f) If the board determines that an employee organization has violated the provisions of subdivision othis section, the board shall order forfeiture of the rights granted pursuant to the provisions of paragr) of subdivision one, and subdivision three of section two hundred eight of this chapter, for such specriod of time as the board shall determine, or, in the discretion of the board, for an indefinite period of

me subject to restoration upon application, with notice to all interested parties, supported by proof of ith compliance with the requirements of subdivision one of this section since the date of such violatioch proof to include, for example, the successful negotiation, without a violation of subdivision one oction, of a contract covering the employees in the unit affected by such violation; provided, howeverhere a fine imposed on an employee organization pursuant to subdivision two of section seven hundre

fty-one of the judiciary law remains wholly or partly unpaid, after the exhaustion of the cash andcurities of the employee organ- ization, the board shall direct that, notwithstanding such forfeiture, suembership dues deduction shall be continued to the extent neces- sary to pay such fine and such publ

mployer shall transmit such moneys to the court. In fixing the duration of the forfeiture, the board shansider all the relevant facts and circumstances, including but not limited to: (i) the extent of any wilfufiance of subdivision one of this section (ii) the impact of the strike on the public health, safety, andelfare of the community and (iii) the financial resources of the employee organization; and the board nsider (i) the refusal of the employee organization or the appropriate public employer or thepresentative thereof, to submit to the mediation and fact-finding procedures provided in section two

undred nine and (ii) whether, if so alleged by the employee organization, the appropriate public emplo

its representatives engaged in such acts of extreme provocation as to detract from the responsibility oe employee organization for the strike. In determining the financial resources of the employee organion, the board shall consider both the income and the assets of such employee organization. In the evenembership dues are collected by the public employer as provided in paragraph (b) of subdivision onection two hundred eight of this chapter, the books and records of such public employer shall be primacie evidence of the amount so collected.

NB Expires 99/10/01

(g) An employee organization whose rights granted pursuant to the provisions of paragraph (b) of

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bdivision one, and subdivision three of section two hundred eight of this article have been orderedrfeited pursuant to this section may be granted such rights after the termi- nation of such forfeiture onter complying with the provisions of clause (b) of subdivision three of section two hundred seven of tticle.

NB Expires 99/10/01

) No compensation shall be paid by a public employer to a public employee with respect to any day ort thereof when such employee is engaged in a strike against such employer. The chief fiscal officer o

e government involved shall withhold such compensation upon receipt of the notice provided byragraph (e) of subdivision two of section two hundred ten; notwithstanding the failure to have receivch notice, no public employee or officer having knowledge that such employee has so engaged in sucrike shall deliver or caused to be delivered to such employee any cash, check or payment which, in win part, repres- ents such compensation. 4. Within sixty days of the termination of a strike, the chiefecutive officer of the government involved shall prepare and make public a report in writing, which ntain the following information: (a) the circumstances surrounding the commence- ment of the strikee efforts used to terminate the strike, (c) the names of those public employees whom the public officedy had reason to believe were responsible for causing, instigating or encourag- ing the strike and (d)

lated to the varying degrees of individual responsibility, the sanctions imposed or proceedings pendinainst each such individual public employee. .

205. Public employment relations board. 1. There is hereby created in the state department of civil seboard, to be known as the public employment relations board, which shall consist of three memberspointed by the governor, by and with the advice and consent of the senate from persons representative public. Not more than two members of the board shall be members of the same political party. Eachember shall be appointed for a term of six years, except that of the members first appointed, one shalpointed for a term to expire on May thirty-first, nineteen hundred sixty-nine, one for a term to expireay thirty-first, nineteen hundred seventy-one, and one for a term to expire on May thirty-first, ninetee

undred seventy-three. The governor shall designate one member who shall serve as chairman of the bontil the expiration of his term. A member appointed to fill a vacancy shall be appointed for the unexpirm of the member whom he is to succeed.

Members of the board shall hold no other public office or public employment in the state. The chairmall give his whole time to his duties.

Members of the board other than the chairman shall, when performing the work of the board, bempensated at the rate of two hundred and fifty dollars per day, together with an allowance for actual cessary expenses incurred in the discharge of their duties hereunder. The chairman shall receive annual salary to be fixed within the amount available therefor by appropriation, in addition to an allowa

r expenses actually and necessarily incurred by him in the performance of his duties.

(a) The board may appoint an executive director and such other persons, including but not limited totorneys, mediators, members of fact-finding boards and representatives of employee organizations anublic employers to serve as technical advisers to such fact-finding boards, as it may from time to timeem necessary for the performance of its functions, prescribe their duties, fix their compensation andovide for reimbursement of their expenses within the amounts made available therefor by appropriatittorneys appointed under this section may, at the direction of the board, appear for and represent the bany case in court.

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) No member of the board or its appointees pursuant to this subdivision, including without limitation ediator or fact-finder employed or retained by the board, shall, except as required by this article, bempelled to nor shall he voluntarily disclose to any administrative or judicial tribunal or at the legislataring, held pursuant to subparagraph (iii) of paragraph (e) of subdivision three of section two hundrene, any information relating to the resolution of a particular dispute in the course of collectivegotiations acquired in the course of his official activities under this article, nor shall any reports, minritten communications, or other documents pertaining to such information and acquired in the course s official activities under this article be subject to subpoena or voluntarily disclosed; except that wher

e information so required indicates that the person appearing or who has appeared before the board hen the victim of, or otherwise involved in, a crime, other than a criminal contempt in a case involvingowing out of a violation of this article, said members of the board and its appointees may be requiredstify fully in relation thereto upon any examination, trial, or other proceeding in which the commissioch crime is the subject of inquiry.

In addition to the powers and functions provided in other sections of this article, the board shall havellowing powers and functions:

) To establish procedures consistent with the provisions of section two hundred seven of this article a

ter consultation with interested parties, to resolve disputes concerning the representation status ofmployee organizations.

) To resolve, pursuant to such procedures, disputes concerning the representation status of employeeganizations of employees of the state and state public authorities upon request of any employeeganization, state department or agency or state public authority involved.

) To resolve, pursuant to such procedures but only in the absence of applicable procedures establisheursuant to section two hundred six of this article, disputes concerning the representation status of othemployee organizations, upon request of any employee organization or other government or publicmployer involved.

) to establish procedures for the prevention of improper employer and employee organization practicovided in section two hundred nine-a of this article, and to issue a decision and order directing anfending party to cease and desist from any improper practice, and to take such affirmative action as wfectuate the policies of this article (but not to assess exemplary damages), including but not limited toinstatement of employees with or without back pay; provided, however, that except as appropriate tofectuate the policies of subdivision three of section two hundred nine-a of this article, the board shall ve authority to enforce an agreement between an employer and an employee organization and shall nercise jurisdiction over an alleged violation of such an agreement that would not otherwise constitute

mproper employer or employee organization practice. When the board has determined that a duly

cognized or certified employee organization representing public employees has breached its duty of fpresentation in the processing or failure to process a claim alleging that a public employer has breachagreement with such employee organization, the board may direct the employee organization and th

ublic employer to process the contract claim in accordance with the parties' grievance procedure. Theard may, in its discretion, retain jurisdiction to apportion between such employee organization and p

mployer any damages assessed as a result of such grievance procedure. The pendency of proceedingsnder this paragraph shall not be used as the basis to delay or interfere with determination of representaatus pursuant to section two hundred seven of this article or with collective negotiations. The board shercise exclusive nondelegable jurisdiction of the powers granted to it by this paragraph; provided,

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wever, that this sentence shall not apply to the city of New York. The board of collective bargainingtablished by section eleven hundred seventy-one of the New York city charter shall establish procedur the prevention of improper employer and employee organization practices as provided in section 12the administrative code of the city of New York, provided, however, that a party aggrieved by a finader issued by the board of collective bargaining in an improper practice proceeding may, within ten dter service of the final order, petition the board for review thereof. Within twenty days thereafter, theard, in its discretion, may assert jurisdiction to review such final order. The failure or refusal of the bassert jurisdiction shall not be subject to judicial review. Upon the refusal of the board to assert

risdiction, an aggrieved party shall have the right to seek review of the final order of the board ofllective bargaining. Such proceeding to review shall be brought within thirty days of the board's refud shall otherwise conform to the requirements of article seventy-eight of the civil practice law and ruthe board shall choose to review, it may affirm, or reverse in whole or in part, or modify the final ordremand the matter for further proceedings, or make such other order as it may deem appropriate,ovided, however, that findings by the board of collective bargaining regarding evidentiary matters ansues of credibility regarding testimony of witnesses shall be final and not subject to board review.

) To make studies and analyses of, and act as a clearing house of information relating to, conditions omployment of public employees throughout the state.

To request from any government, and such governments are authorized to provide, such assistance,rvices and data as will enable the board properly to carry out its functions and powers.

) To conduct studies of problems involved in representation and negotiation, including, but not limitethe problems of unit determination, (ii) those subjects which are open to negotiation in whole or in p

i) those subjects which require administrative or legislative approval of modifications agreed upon byrties, and (iv) those subjects which are for determination solely by the appropriate legislative body, aake recommendations from time to time for legislation based upon the results of such studies.

) To make available to employee organizations, governments, mediators, fact-finding boards and join

udy committees established by governments and employee organizations statistical data relating to wnefits and employment practices in public and private employment applicable to various localities ancupations to assist them to resolve complex issues in negotiations. (i) to establish, after consultingpresentatives of employee organizations and administrators of public services, panels of qualified peroadly representative of the public to be available to serve as mediators, arbitrators or members ofct-finding boards.

To hold such hearings and make such inquiries as it deems necessary for it properly to carry out itsnctions and powers. At any conference, hearing, investigation, inquiry or other proceeding before theard or any agent thereof, a party shall have the right to appear in person, by counsel or by other

thorized representative. Nothing contained herein shall restrict the right of the board to exclude, suspdisbar any representative for misconduct in accordance with the board's rules.

) For the purpose of such hearings and inquiries, to administer oaths and affirmations, examine witned documents, take testimony and receive evidence, compel the attendance of witnesses and theoduction of documents by the issuance of subpoenas, and delegate such powers to any member of theard or any person appointed by the board for the performance of its functions. Such subpoenas shall gulated and enforced under the civil practice law and rules.

To make, amend and rescind, from time to time, such rules and regulations, including but not limite

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ose governing its internal organization and conduct of its affairs, and to exercise such other powers, aay be appropriate to effectuate the purposes and provisions of this article.

Notwithstanding any other provisions of law, neither the president of the civil service commission noe civil service commission or any other officer, employer, board or agency of the department of civilrvice shall supervise, direct or control the board in the performance of any of its functions or the exerany of its powers under this article; provided, however, that nothing herein shall be construed to exe

mployees of the board from the provisions of the civil service law. .

89-b. Good behavior time allowances against definite sentences served in alternate correctional faciliotwithstanding any other provision of law, the commissioner shall be authorized to grant, withhold, cbe forfeited, or cancel time allowances as provided in and in compliance with section eight hundred the correction law.

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VICTORY AT WYOMING

ate: Wed, 11 Mar 1998

oday we were informed that Albany has approved a temporary item for our tower staffing. This is stilort of what is needed, but this is still a victory because if we didn't stand together on this issue, we wve gotten nothing. We are not done fighting for what is needed, but alot of headway has been made w

few other issues we needed addressed for many years.We will continue to fight for permanent staffinthis point, we have something to show for our efforts. It is the hope of our local, that other facilities ct together and stand up for their issues, because now we have proof that it can be done. If another facplanmning any type of picket, let us know, because we have a list of officers waiting to take a bus toywhere. Lets keep the ball rolling, and take care of alot of things that should have been done along ti

o. UNITY IS THE ONLY WAY!!!!!!!!!!!!!!!!!!!!!OHN PERRY

t VICE PRESYOMING LOCAL 1169 (strongest local in the state)

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The CRIMINAL'S Justice System

he CRIMINAL'S Justice System

where the crime VICTIM winds up in the doghouse.

he Criminals View

Exercises a choice as to whether or not to commit a crime and who the victim will be.

If caught, must be informed of rights; if injured during commission of crime or apprehension, gets fiass free medical care; if indigent, gets free legal counsel to represent him; is entitled to bail, except intreme cases (apprehension is a 1 in 5 possibility).

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If incarcerated; pre-trial must be food, clothing, shelter, recreation, visitation, medical care, drug andcohol counseling, a legal library, and every opportunity to complain and file grievances about hisrcumstances.

At trial, has free attorney (if indigent), has the option to plea bragain, delay, stall, change venue,aneuver to suppress evidence.

If convicted ( 5% chance ), can appeal ad nauseum with free legal counsel.

If sentenced to incarceration; will receive credit for time served, "good-time, gain-time", be given evportunity for educational and psychological counseling, vocational training, medical care, etc.

Will more than likely get an early release so he can victimize another family and start the process ovain... repeatedly.

he Victims View

Excercises no choice as to whether or not to be a victim.

If injured; pays own medical expenses, loses time and money from work, lives with the psychologic

t physical injuries for life.

Bears complete responsibility for property losses, economic losses, and rehabilitation.

Spends hours, days, weeks, cooperating with law enforcement at own expense, learns about case statn six o'clock news.

If trial follows; is not advised of delays beforehand, pays own expenses of travel to and from trial,rking, lunch, misses work and possibly pay, cannot object to tactics, will then be victimized on crossamination as if he were the criminal, has no appeal.

Sentencing; has no say in sentence, time granted, restitution, in some jurisdictions may not be permispeak at sentencing, has no representation - remember the public prosecutor represents the state, not ctim.

ftermath

he criminal is eligible for all kinds of therapy, and aid, the victim is forgotten and left to fend for him rself.

here is no need for further explanation as to why the public is rapidly losing faith in the system thatould be renamed "The CRIMINAL'S Justice System".

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Triage misses target 900 times / we all lose

he down fall is removing local influence from an Alternate Dispute Resolution Agreement and procesunconstitutional. I used to think the process was the problem and it is, but it is definitely the people wrticipate in the process. Now 900 cases waiting for arbitration We can have no confidence in the

ouncil????????? We have no redress!!!!!! We have no voice, Council 82 Executive Committee for

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proval

RIAGE:

e have met with the State and have come to an agreement in concept concerning the changes to be mthe ADR when it continues. We do not yet have a draft of the agreement relating to the continuing A

ut when a draft is completed, it will be presented to the Executive Committee for approval . If approve modified ADR will resume some time in the middle part of January, 1998.

esently, there are nearly 900 grievances awaiting arbitration. We are in the process of categorizing thievances by contract article and worksite in order to target certain articles and worksites where problepear to exist.

his is wrong right here!!! You mean to tell me this union has been around for over 25 years and there existing precedents?????? With direction from local leaders and the Executive Committee, we willtain precedents in many articles of the contractand thereby give everybody a better understanding of

ghts and benefits under the contract.

he following is a summary of some awards which we have achieved both in the triage process:

Time and Attendance - Direct Deposit Privileges

he grievance alleges a violation of Articles 7.1 and 19.1 when Grievant Direct Deposit privileges werspended because he was on documentation status and had low sick leave accruals. After triage hearine parties agreed that the Department of Correctional Services would advise Elmira Correctional toscontinue the practice of loss of Direct Deposit privileges for time and attendance reasons.

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Unions Your Rights and Federal Code

used to think what a wonderful job the people who authored the International Constitution did. They wry careful to protect the rights of the members. Then I was searching some United States Codes andund out the Union is obligated by law to protect our rights in its constitution. CHECK THIS OUT!!

ITE-

USC CHAPTER 11 - LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDUR

/16/96

XPCITE- TITLE 29 - LABOR

HAPTER 11 - LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE .

HEAD-

HAPTER 11 - LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE

MISC1-

UBCHAPTER I - GENERAL PROVISIONS

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c.1. Congressional declaration of findings, purposes, and policy.) Standards for labor-management relations.) Protection of rights of employees and the public.) Necessity to eliminate or prevent improper practices.

2. Definitions.

UBCHAPTER II - BILL OF RIGHTS OF MEMBERS OF LABOR ORGANIZATIONS

1. Bill of rights; constitution and bylaws of labor organizations.)(1) Equal rights.

) Freedom of speech and assembly.

) Dues, initiation fees, and assessments.

) Protection of the right to sue.

) Safeguards against improper disciplinary action.

) Invalidity of constitution and bylaws.2. Civil action for infringement of rights; jurisdiction.

3. Retention of existing rights of members.

4. Right to copies of collective bargaining agreements.

5. Information to members of provisions of chapter.

UBCHAPTER III - REPORTING BY LABOR ORGANIZATIONS, OFFICERS AND EMPLOYEEABOR ORGANIZATIONS, AND EMPLOYERS

1. Report of labor organizations.) Adoption and filing of constitution and bylaws; contents of report.) Annual financial report; filing; contents.) Availability of information to members; examination of books, records, and accounts.

2. Report of officers and employees of labor organizations.) Filing; contents of report.) Report of certain bona fide investments.) Exemption from filing requirement.

3. Report of employers.) Filing and contents of report of payments, loans, promises, agreements, or arrangements.) Persuasive activities relating to the right to organize and bargain collectively; supplying informationtivities in connection with labor disputes; filing and contents of report of agreement or arrangement.) Advisory or representative services exempt from filing requirements.) Exemption from filing requirements generally.) Services by and payments to regular officers, supervisors, and employees of employer. Rights protected by section 158(c) of this title.) ''Interfere with, restrain, or coerce'' defined.

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4. Exemption of attorney-client communications.

5. Reports and documents as public information.) Publication; statistical and research purposes.) Inspection and examination of information and data.) Copies of reports or documents; availability to State agencies.

6. Retention of records.

7. Time for making reports.

8. Rules and regulations; simplified reports.

9. Violations and penalties.) Willful violations of provisions of subchapter.) False statements or representations of fact with knowledge of falsehood.) False entry in or willful concealment, etc., of books and records.) Personal responsibility of individuals required to sign reports.

0. Civil action for enforcement by Secretary; jurisdiction.

1. Surety company reports; contents; waiver or modification of requirements respecting contents ofports.

UBCHAPTER IV - TRUSTEESHIPS

1. Reports.) Filing and contents; annual financial report.) Applicability of other laws.) Penalty for violations.) False statements and entries; failure to disclose material facts; withholding, concealing or destroyin

cuments, books, records, reports, or statements; penalty.) Personal liability.

2. Purposes for establishment of trusteeship.

3. Unlawful acts relating to labor organization under trusteeship.

4. Civil action for enforcement.) Complaint; investigation; commencement of action by Secretary, member or subordinate body of laganization; jurisdiction.) Venue.) Presumptions of validity or invalidity of trusteeship.

5. Report to Congress.

6. Additional rights and remedies; exclusive jurisdiction of district court; res judicata.

UBCHAPTER V - ELECTIONS

1. Terms of office and election procedures.) Officers of national or international labor organizations; manner of election.

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) Officers of local labor organizations; manner of election.) Requests for distribution of campaign literature; civil action for enforcement; jurisdiction; inspectioembership lists; adequate safeguards to insure fair election.) Officers of intermediate bodies; manner of election.) Nomination of candidates; eligibility; notice of election; voting rights; counting and publication ofsults; preservation of ballots and records. Election of officers by convention of delegates; manner of conducting convention; preservation ofcords.

) Use of dues, assessments or similar levies, and funds of employer for promotion of candidacy of pe) Removal of officers guilty of serious misconduct.Rules and regulations for determining adequacy of removal procedures.

2. Enforcement.) Filing of complaint; presumption of validity of challenged election.) Investigation of complaint; commencement of civil action by Secretary; jurisdiction; preservation osets.) Declaration of void election; order for new election; certification of election to court; decree;rtification of result of vote for removal of officers.

) Review of orders; stay of order directing election.

3. Application of other laws; existing rights and remedies; exclusiveness of remedy for challengingection.

UBCHAPTER VI - SAFEGUARDS FOR LABOR ORGANIZATIONS

1. Fiduciary responsibility of officers of labor organizations.) Duties of officers; exculpatory provisions and resolutions void.) Violation of duties; action by member after refusal or failure by labor organization to commenceoceedings; jurisdiction; leave of court; counsel fees and expenses.

) Embezzlement of assets; penalty.

2. Bonding of officers and employees of labor organizations; amount, form, and placement of bondsnalty for violation.

3. Financial transactions between labor organization and officers and employees.) Direct and indirect loans.) Direct or indirect payment of fines.) Penalty for violations.

4. Prohibition against certain persons holding office.

) Membership in Communist Party; persons convicted of robbery, bribery, etc.) Penalty for violations.) Definitions.) Salary of person barred from labor organization office during appeal of conviction.

UBCHAPTER VII - MISCELLANEOUS PROVISIONS

1. Investigations by Secretary; applicability of other laws.

2. Extortionate picketing; penalty for violation.

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3. Retention of rights under other Federal and State laws.

4. Effect on State laws.

4a. Elimination of racketeering activities threat; State legislation governing collective bargainingpresentative.

5. Service of process.

6. Applicability of administrative procedure provisions.7. Cooperation with other agencies and departments.

8. Criminal contempt.

9. Prohibition on certain discipline by labor organization.

0. Deprivation of rights by violence; penalty.

1. Separability.

ECREF- CHAPTER REFERRED TO IN OTHER SECTIONShis chapter is referred to in sections 186, 1111 of this title; title 39 section 1209; title 42 section 2000e

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Pataki's Revised Proposal for Fixed Term

LBANY, N.Y. -- Gov. George Pataki Wednesday renewed his attack on first-time violent offenders wrevised proposal to keep them in prison for fixed terms, limit their parole and extend their supervision

ter release. Although a similar bill failed last year, this time even the critics say the idea has a real chapassing.

actors favoring the plan's passage include Pataki's addition of the clause for extended supervision byrole officers, and election year pressures on Pataki's Democratic rivals in the Legislature to avoidpearing soft on crime.

ataki calls his plan Jenna's Law, in honor of a young woman killed in Albany last year. A convicted colester has been accused of the crime. With the victim's father, Bruce Greishaber, at his side at a newnference Wednesday, Pataki said, "Respect for the safety of our citizens demands that we not wait foese violent predators to strike again."

ataki's proposal reprises his image of being tough on crime. He has also signed into law the restoratioe death penalty, eliminated work release for violent criminals and increased sentences for repeat felon

ut critics say the proposed Jenna's Law is deeply flawed. They say that even if the bill had been in effhen Jenna Greishaber was killed, it could not have been applied to the man accused of the crime, becwould already have been released from prison on the child molestation charge. The governor's aidesntend that the bill might have helped.

ne leading advocate on corrections policy argued that the proposal would do more harm than good an

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ould eventually cost billions of dollars for more prison space and staff. The advocate, Robert Gangi,ecutive director of the nonprofit Correctional Association of New York, cited studies indicating thatmates who receive education, drug abuse therapy and early release are less likely to relapse into crimays than prisoners kept in for longer terms.

he governor disputes those criticisms, saying Jenna's Law will reduce crime and incur only modestdition costs for housing some 200 additional inmates three to five years from now, and for additionalrole officer supervision after their release.

ut Gangi said in an interview: "This is a shameless play to emotions in an election year. If they reallyant to prevent crimes by inmates when they get out, this is not the answer. But, unfortunately, I think ssembly is going to be loath to resist this in an election year."

ast year the Senate, controlled by Pataki's fellow Republicans, passed the bill while theemocratic-controlled Assembly declined to bring it to a vote.

nder the governor's proposal, prison sentences for inmates convicted of their first violent felony woult at fixed terms, instead of the current so-called indeterminate sentence, ranging from a minimum to aaximum length, like five to 10 years.

s plan would also bar the parole board from granting discretionary early releases, which now can cutird or more from the maximum sentence. But inmates with good behavior would still be eligible to haeir sentences cut by a seventh, known as time off for good behavior.

he bill would also impose extended supervision of three to five years for most felons, but lifetimepervision for sex offenders.

think the chances are pretty good that a bill will be passed," said the chairman of the Assembly Codeommittee, Joseph Lentol, a Democrat from Brooklyn, "though it may not be this exact proposal."

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REVISED PENAL PLAN

RTICLE 24 PROVISIONS APPLICABLE TO SENTENCES IMPOSED UNDER THE REVISEDENAL PLAN

ction 800. Applicability.

803. Good behavior allowances against indeterminate and determinate sentences.

NB Effective until 2005/09/30803. Good behavior allowances against indeterminate sentences.NB Effective 2005/09/30

4. Good behavior allowances against definite sentences.

4-a. Good behavior allowances for certain civil commitments.

805. Earned eligibility program.

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NB Expires 97/09/01 .

c. 800. Applicability. The provisions of this article shall apply, to the exclusion of all other provisionis chapter relating to good behavior allowances, where sentence has been imposed pursuant to theovisions of the penal law as enacted by chapter ten hundred thirty of the laws of nineteen hundredxty-five, as amended, or where the sentence is a reformatory sentence of imprisonment. Matters notpressly covered herein or covered in such penal law shall be governed by such other provisions of laay be applicable. .

803. Good behavior allowances against indeterminate and determi- nate sentences. 1. (a) Every pernfined in an institution of the department or a facility in the department of mental hygiene serving andeterminate or determinate sentence of imprisonment, except a person serving a sentence with aaximum term of life imprisonment, may receive time allowance against the term or maximum term ontence imposed by the court. Such allowances may be granted for good behavior and effi- cient andlling performance of duties assigned or progress and achievement in an assigned treatment program,ay be withheld, forfeited or canceled in whole or in part for bad behavior, violation of institutional rufailure to perform properly in the duties or program assigned.) A person serving an indeterminate sentence of imprisonment may receive time allowance against th

aximum term of his sentence not to exceed one-third of the maximum term imposed by the court.) A person serving a determinate sentence of imprisonment may receive time allowance against the tehis sentence not to exceed one-seventh of the term imposed by the court.

(d) Every person under the custody of the department or confined in a facility in the department of mgiene serving an indeterminate sentence of imprisonment with a minimum term in excess of one yea determinate sentence of imprisonment, except a person serving an indeterminate sentence for an A-Ilony offense, a violent felony offense as defined in section 70.02 of the penal law, manslaughter in thcond degree, vehicular manslaughter in the second degree, vehicu- lar manslaughter in the first degreiminally negligent homicide, an offense defined in article one hundred thirty of the penal law, incest,offense defined in article two hundred sixty-three of the penal law, may receive merit time allowancainst the minimum term or period of his or her sentence in the amount of one-sixth of the minimum tperiod imposed by the court. Such allowance may be granted when an inmate successfully participat

e work and treatment program assigned pursuant to section eight hundred five of this article and whech inmate obtains a general equivalency diploma, an alcohol and substance abuse treatment certificatcational trade certificate following at least six months of vocational programming or performs at leasur hundred hours of service as part of a community work crew. Such allowance shall be withheld forrious disciplinary infraction or upon a judicial determination that the person, while an inmate,mmenced or continued a civil action, proceeding or claim that was found to be frivolous as defined ibdivision (c) of section eight thousand three hundred three-a of the civil practice law and rules, or an

der of a federal court pursuant to rule 11 of the federal rules of civil procedure imposing sanctions intion commenced by a person, while an inmate, against a state agency, officer or employee.NB Repealed 02/09/01

If a person is serving more than one sentence, the authorized allowances may be granted separatelyainst the term or maximum term of each sentence or, where consecutive sentences are involved, agaie aggregate maximum term. Such allowances shall be calculated as follows:) A person serving two or more indeterminate sentences which run concurrently may receive timeowance not to exceed one-third of the indeterminate sentence which has the longest unexpired time tn.

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) A person serving two or more indeterminate sentences which run consecutively may receive timeowance not to exceed one-third of the aggregate maximum term.) A person serving two or more determinate sentences which run concurrently may receive timeowance not to exceed one-seventh of the determinate sentence which has the longest unexpired timen.) A person serving two or more determinate sentences which run consecutively may receive timeowance not to exceed one-seventh of the aggregate maximum term.) A person serving one or more indeterminate sentence and one or more determinate sentence which

ncurrently may receive time allow- ance not to exceed one-third of the indeterminate sentence whiche longest unexpired term to run or one-seventh of the determinate sentence which has the longest

nexpired time to run, whichever allowance is greater. A person serving one or more indeterminate sentence and one or more determinate sentence which rnsecutively may receive time allowance not to exceed the sum of one-third of the maximum or aggreaximum of the indeterminate sentence or sentences and one-seventh of the term or aggregate maximuthe determinate sentence or sentences.

2-a. If a person is serving more than one indeterminate sentence, the authorized merit time allowanceanted pursuant to paragraph (d) of subdivision one of this section shall be calculated as follows:) A person serving two or more indeterminate sentences with differ- ent minimum terms which run

ncurrently shall have the minimum term of the indeterminate sentence with the longest unexpiredinimum term to run reduced in the amount of one-sixth of such minimum term; provided, however, thhere the minimum term of any other concurrent indetermi- nate sentence is greater than such reducedinimum term, the minimum term of such other concurrent indeterminate sentence shall also be reduce

ut only to the extent that the minimum term of such other concurrent sentence, as so reduced, is equale reduced minimum term of such sentence with the longest unexpired minimum term to run.) A person serving two or more indeterminate sentences with the same minimum terms which runncurrently, and no concurrent indeterminate sentence with any greater minimum term, shall have theinimum term of each such sentence reduced in the amount of one-sixth of such minimum term.

) A person serving two or more indeterminate sentences that run consecutively shall have the aggregainimum term of such sentences reduced in the amount of one-sixth of such aggregate minimum term.NB Repealed 02/09/01

The commissioner of correctional services shall promulgate rules and regulations for the granting,thholding, forfeiture, cancellation and restoration of allowances authorized by this section in accordath the criteria herein specified. Such rules and regulations shall include provisions designating the pecommittee in each correc- tional institution delegated to make discretionary determinations with respthe allowances, the books and records to be kept, and a procedure for review of the institutionalterminations by the commis- sioner.

No person shall have the right to demand or require the allowances authorized by this section. Thecision of the commissioner of correc- tional services as to the granting, withholding, forfeiture, cance

on or restoration of such allowances shall be final and shall not be reviewable if made in accordance ww.

Time allowances granted prior to any release on parole or prior to any conditional release shall berfeited and shall not be restored if the paroled or conditionally released person is returned to an institu

on under the jurisdiction of the state department of correctional services for violation of parole, violatthe conditions of release or by reason of a conviction for a crime committed while on parole ornditional release. A person who is so returned may, however, subse- quently receive time allowances

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ainst the remaining portion of his term, maximum term or aggregate maximum term pursuant to thisction and provided such remaining portion of his term, maximum term, or aggre- gate maximum termore than one year.

Upon commencement of an indeterminate or a determinate sentence the provisions of this section shfurnished to the person serving the sentence and the meaning of same shall be fully explained to him

person designated by the commissioner to perform such duty.NB Effective until 2005/09/30

803. Good behavior allowances against indeterminate sentences. 1. Every person confined in anstitution of the department or a facility in the department of mental hygiene serving an indeterminatentence of imprisonment, except a person serving a sentence with a maximum term of life imprisonmeay receive time allowance against the maximum term or period of his sentence not to exceed in thegregate one-third of the term or period imposed by the court. Such allowances may be granted for gohavior and efficient and willing performance of duties assigned or progress and achievement in ansigned treatment program, and may be withheld, forfeited or canceled in whole or in part for badhavior, violation of institutional rules or failure to perform proper- ly in the duties or program assignIf a person is serving more than one sentence, the authorized allowances may be granted separately

ainst the maximum term of each sentence or, where consecutive sentences are involved, against thegregate maximum term. In no case, however, shall the total of all allowances granted to any such pernder this section exceed one- third of the time he would be required to serve, computed without regardis section.The commissioner of correctional services shall promulgate rules and regulations for the granting,thholding, forfeiture, cancellation and restoration of allowances authorized by this section in accordath the criteria herein specified. Such rules and regulations shall include provisions designating the pecommittee in each correc- tional institution delegated to make discretionary determinations with respthe allowances, the books and records to be kept, and a procedure for review of the institutionalterminations by the commis- sioner.

No person shall have the right to demand or require the allowances authorized by this section. Thecision of the commissioner of correc- tional services as to the granting, withholding, forfeiture, cance

on or restoration of such allowances shall be final and shall not be reviewable if made in accordance ww.Time allowances granted prior to any release on parole or prior to any conditional release shall berfeited and shall not be restored if the paroled or conditionally released person is returned to an institu

on under the jurisdiction of the state department of correctional services for violation of parole, violatthe conditions of release or by reason of a conviction for a crime committed while on parole ornditional release. A person who is so returned may, however, subse- quently receive time allowancesainst the remaining portion of his maximum or aggregate maximum term or period not to exceed in t

gre- gate one-third of such portion provided such remaining portion of his maximum or aggregateaximum term or period is more than one year.Upon commencement of an indeterminate sentence the provisions of this section shall be furnished trson serving the sentence and the meaning of same shall be fully explained to him by a person desig-ted by the commissioner to perform such duty.NB Effective 2005/09/30 .

c. 804. Good behavior allowances against definite sentences. 1. Every person confined in an institutirving a definite sentence of imprisonment may receive time allowances as discretionary reductions orm of his sentence not to exceed in the aggregate one-third of the term imposed by the court. Such

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owances may be granted for good behavior and efficient and willing performance of duties assignedogress and achievement in an assigned treatment program, and may be withheld, forfeited or cancellehole or in part for bad behavior, violation of institutional rules or failure to perform properly in the duprogram assigned.If a person is serving more than one sentence, the authorized allowances may be granted separatelyainst the term of each sentence or, where consecutive sentences are involved, against the aggregate telowances based upon sentences of less than one month may be granted, and in such case the maximuowance shall be one day for every three days of the sentence. In no case, however, shall the total of a

owances granted to any such person exceed one-third of the time he would be required to serve,mputed without regard to this section.No person shall have the right to demand or require the allowances authorized by this section. Thecision of the sheriff, superintendent, warden or other person in charge of the institution, or where sucstitution is under the jurisdiction of a county or city department the decision of the head of suchpartment, as to the granting, withholding, forfeiture, cancellation or restoration of such allowances shfinal and shall not be reviewable if made in accordance with law.A person who has earned a reduction of sentence pursuant to this section and who has been conditionleased under subdivision two of section 70.40 of the penal law shall not forfeit such reduction by reasconduct causing his return to the institution. Provided, nevertheless, that such reduction may be forfe

reason of subsequent conduct while serving the remainder of his term.The state commission of correction shall promulgate record keeping rules and regulations for theanting, withholding, forfeiture, cancellation and restoration of allowances authorized by this section.Notwithstanding anything to the contrary in this section, in any case where a person is serving a defintence in an institution under the jurisdiction of the state department of correction, subdivisions threeur of section eight hundred three of this chapter shall apply.Upon commencement of any definite sentence the provisions of this section shall be furnished to therson serving the sentence and the meaning of same shall be fully explained to him by an officersignated in the regulation to perform such duty.

804-a. Good behavior allowances for certain civil commitments. 1. Every person confined in anstitution serving a civil commitment for a fixed period of time, whose release is not conditional upont within his power to perform, may receive time allowances as discretionary reductions of the term ofmmitment not to exceed, in the aggregate, one-third of the term imposed by the court. Such allowancay be granted for good behavior and efficient and willing performance of duties assigned or progresshievement in an assigned treatment program, and may be withheld, forfeited or cancelled in whole orrt for bad behavior, violation of institutional rules or failure to perform properly in the duties or progsigned.Allowances based upon commitments of less than one month may be granted, and in such case theaximum allowances shall be one d